United States v. Hoopes

OPINION & ORDER

Marco A. Hernandez, United States District Judge

On January 10, 2012, Defendant Ben Walter Hoopes pleaded guilty to a single count of bank robbery as charged in the indictment. He was sentenced on April 27, 2012. A Judgment of Conviction was filed on May 1, 2012.

Defendant moves to vacate or correct his sentence under 28 U.S.C. § 2255. Defendant filed the motion pro se. I granted his motion to appoint counsel and he is now represented by the Federal Public Defender’s Office. Defendant argues that the increase in his sentence caused by the application of the “residual clause” of…